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(영문) 울산지방법원 2017.11.09 2017고단3429

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court on August 14, 2009 with a fine of KRW 2.5 million and a fine of KRW 1.5 million by the same court on January 18, 2017.

On April 11, 2017, the Defendant driven a car with B, under the influence of alcohol content of 0.155% in a fluencing distance and section from the blood, to the same parking lot, 101 Dong-dong apartment 101 in the same Myeonnsan-gun, Chungcheongnam-gun, Ulsan-gun, Ulsan-do. The Defendant driven a car with B, under the influence of alcohol content of at least 0.15% at the same Myeonnsan-gun.

As a result, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiry into the results of crackdown on driving of alcohol, a report on the situation of the driver under the influence of alcohol, a tea inquiry, a field photo, a report processing case list of 112, and a entrance photograph;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;